Rajan @ Rajan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 45735 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -SIWAN CITY District- SIWAN ====================================================== Rajan @ Rajan Sah Son of Madan Sah, Resident of Village- Ram Nagar, Police Station- Siwan Town, District- Siwan.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
22-10-2016 Heard Sri Bijay Prakash Singh, learned counsel for the petitioner and Smt. Veena Kumari Jaiswal, learned Addl. Public Prosecutor.
The sole petitioner, who is in custody since 10-05-2016 in Siwan Town P.S. Case No. 69 of 2016 registered for offence under Sections 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail. By way of referring to F.I.R., learned counsel for the petitioner submits that in the F.I.R., the informant has made allegation against one Papan Mian, who had fired on him, which hit him. He submits that informant had said that the motorcycle was being driven by an unknown person. He submits that during investigation, on the basis of confession of co-accused,
Patna High Court Cr.Misc. No.45735 of 2016 (2) dt.22-10-2016 2/2 petitioner's name has come, whereas, petitioner was not got examined by the informant by putting him on Test Identification Parade. He submits that petitioner is having clean antecedent and this fact has been mentioned in paragraph - 3 of the petition. Learned Addl. Public Prosecutor has opposed the prayer for bail.
Considering the facts and circumstances, particularly the fact that even in the F.I.R., there was specific accusation of firing against co-accused Papan Mian, there is no reason to further detain the petitioner.
Let the petitioner namely Rajan @ Rajan Sah be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 69 of 2016. (Rakesh Kumar, J.) Anay U T